D. A. DESAI, J. B. MEHTA, J.

( 1 ) IN this group of 13 petitions the petitioners have challenged the constitutional validity of secs. 73a and 79a of the Bombay Land Revenue Code 1879 The petitioners are persons who have either by purchase or by conditional sale or by a transaction peculiar in the tract in which these transactions have taken place described as Valatdan have got certain lands transferred to them and the transferor in each case except in one petition to be presently referred to was a member belonging to scheduled tribe and the lands in dispute being situate in the area originally forming part of Gadhboria State and merged in Nasvadi taluka of Baroda District. The Government of Gujarat by its Notification No. LND 3916-41509-G dated 4th April 1961 issued in exercise of the powers conferred upon it under sec. 73a of the Bombay Land Revenue Code 1879 declared that the provisions of the said sec. 73a shall be applicable to all those villages in the scheduled areas of the State of Gujarat in which survey settlement under the Bombay Land Revenue Code has not been introduced and to which the provisions of the said sec. 73a have not been made applicable. The Government also by

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